Article 551-1. Pre-trial investigation against the Commissioner for Human Rights in the Republic of Kazakhstan CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 551-1. Pre-trial investigation against the Commissioner for Human Rights in the Republic of Kazakhstan CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. After registration of the reason for the start of the pre-trial investigation in the Unified Register, the pre-trial investigation against the Commissioner for Human Rights in the Republic of Kazakhstan may be continued only with the consent of the Prosecutor General of the Republic of Kazakhstan.

In cases where the Commissioner for Human Rights in the Republic of Kazakhstan is detained at the scene of a crime or the fact of preparation or attempted commission of a grave or especially grave crime has been established, or he has committed a grave or especially grave crime, the pre-trial investigation against him may be continued until the consent of the Prosecutor General of the Republic of Kazakhstan is obtained, but with mandatory notification within days.

The preliminary investigation of cases against the Commissioner for Human Rights in the Republic of Kazakhstan is mandatory.

The Prosecutor General of the Republic of Kazakhstan, within two days after receiving the notification, examines the legality of the procedural actions performed and agrees to continue the pre-trial investigation with a decision on this, or refuses to do so with the termination of the pre-trial investigation. If the pre-trial investigation is continued unlawfully before obtaining the consent of the Prosecutor General of the Republic of Kazakhstan, its results cannot be admitted as evidence in a criminal case.

2. The Commissioner for Human Rights in the Republic of Kazakhstan may not be detained, detained, house arrested, brought to criminal responsibility during his term of office without the consent of the Senate of the Parliament of the Republic of Kazakhstan, except in cases of arrest at the scene of a crime or commission of grave or especially grave crimes.

3. In order to obtain consent to bring the Commissioner for Human Rights in the Republic of Kazakhstan to criminal responsibility, detention, detention, house arrest, and summons, the Prosecutor General of the Republic of Kazakhstan submits a submission to the Senate of the Parliament of the Republic of Kazakhstan. The submission is made before presenting to the Commissioner for Human Rights in the Republic of Kazakhstan a resolution on the qualification of the suspect's act, submitting to the court a petition for the authorization of a preventive measure in the form of detention, house arrest, deciding on the need for detention, forcibly bringing him to the pre-trial investigation body.

3-1. After the Prosecutor General of the Republic of Kazakhstan receives the decision of the Senate of the Parliament of the Republic of Kazakhstan, further proceedings on the case shall be conducted in accordance with the procedure established by parts six, seven, eight and nine of Article 547 of this Code.

4. The issue of authorizing a preventive measure in the form of detention or house arrest of a Human Rights Commissioner suspected of committing a crime in the Republic of Kazakhstan is resolved by an investigating judge of the specialized interdistrict investigative court of the capital on the basis of a decision of the person conducting the pre-trial investigation, agreed with the Prosecutor General of the Republic of Kazakhstan. A request for an extension of the period of detention or house arrest in respect of the Commissioner for Human Rights in the Republic of Kazakhstan in accordance with the procedure provided for by this Code may be sent to court only if it is coordinated with the Prosecutor General of the Republic of Kazakhstan.

5. Supervision of the legality of the pre-trial investigation against the Commissioner for Human Rights in the Republic of Kazakhstan is carried out by the Prosecutor General of the Republic of Kazakhstan. The extension of the investigation period against the Commissioner for Human Rights in the Republic of Kazakhstan in accordance with the procedure provided for by this Code is carried out by the Prosecutor General of the Republic of Kazakhstan.

Sanctions for investigative actions that, according to this Code, are subject to authorization in respect of the Commissioner for Human Rights in the Republic of Kazakhstan are given by the investigating judge of the specialized interdistrict investigative court of the capital on the basis of a resolution of the person conducting the pre-trial investigation, agreed with the Prosecutor General of the Republic of Kazakhstan.

6. Upon completion of the investigation, the criminal case with a report on the completion of the pre–trial investigation is transferred by the person conducting the pre-trial investigation, in accordance with the procedure established by this Code, to the Prosecutor General of the Republic of Kazakhstan, who performs the actions provided for in Articles 301 - 305 of this Code. A case investigated against the Commissioner for Human Rights in the Republic of Kazakhstan may be accepted for trial by the relevant court only if there is an indictment drawn up by the Prosecutor General of the Republic of Kazakhstan.

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